England Cases

There are over 300 English cases in our database. This page shows all the cases by default, but you can filter the list by using the search tool above. You can search within the title, key terms, court name, judge's name and case notes fields by inputting a word, or words, or part of a word, or a phrase, into the search box.

  • 11th October 2006
    Gray & Sons Builders (Bedford) Ltd. v Essential Box Company Ltd. [2006] EWHC 2520 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Defendants who inform the court at the eleventh hour of their decision not to contest an application for adjudication enforcement may well find themselves stung by an order for costs calculated on an indemnity basis.His Honour Judge Coulson QC – Queen’s Bench Division, Technology and Construction Court Gray brought an application for summary judgment to enforce an adjudication decision against Essential Box.  Essential Box contested the application until the morning before the hearing, when it indicated that it did not oppose Gray’s application.  The issue of the measure of costs fell to be determined by the court.Judge Coulson QC took the view that in applications for adjudication enforcement, where the defendant only informs...
  • 3rd October 2006
    McConnell Dowell Constructors (Aust) P/L v National Grid Gas plc [2006] EWHC 2551 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes In the absence of contractual provisions relating to adjudication, does an agreement settling a dispute under a construction contract (which does duly provide for adjudication) fall within the remit of the statutory adjudication provisions and/or contractual provisions for adjudication contained in the construction contract?  The courts have reached the conclusion that it depends on whether the agreement is a separate, standalone settlement agreement or a supplemental agreement that resolves the dispute by varying the construction contract.  The former will not be subject to the adjudication provisions either under the HGCRA or under the construction contract, whereas the latter will be a variation of the construction contract and therefore...
  • 23rd August 2006
    Management Solutions Ltd v Bennett (Electrical) Services Ltd [2006] EWHC 1720_2 (TCC)
  • 31st July 2006
    Ale Heavylift v MSD (Darlington) Ltd [2006] EWHC 2080 (TCC)
  • 31st July 2006
    Redworth Construction Ltd v Brookdale Healthcare Ltd [2006] EWHC 1994 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The statutory provisions relating to adjudication only apply to contracts in writing.  This case constitutes a cautionary tale to parties to construction contracts who proceed on an informal footing.  In this case, an order made by an adjudicator for repayment of damages for delayed completion was not enforced because the court found that the contract was not wholly in writing and therefore the adjudication framework instituted by the HGCRA did not apply.This case also highlights the importance of choosing carefully which submissions and which documents to refer to the adjudicator.  Redworth was precluded from relying on certain documentation to argue its case before the court because it had not provided that documentation to the adjudicator...
  • 17th July 2006
    Monavon Construction Ltd v Davenport No. 2 [2006] EWHC 1810 (TCC)
  • 13th July 2006
    Medlock Products Ltd v SCC Construction Ltd 212OF2006
  • 10th July 2006
    Management Solutions v Bennett (Electrical) Services Ltd [2006] EWHC 1720 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The adjudication provisions of HGCRA 1996 only apply to written construction contracts or construction contracts sufficiently evidenced in writing.  This case examines the meaning of “contracts made in writing”.  Variations ordered orally under a contract by virtue of an express contractual term allowing the ordering of such variations do not make the contract a partially oral contract.  Furthermore, where a construction contract appears to be in writing, the adjudicator will have jurisdiction to decide any dispute as to whether the contractual relationship between the parties is governed by those written terms or a preceding oral agreement.  In any event, on a contractual analysis, the subsequent written terms had superseded...
  • 7th July 2006
    Harlow & Milner Ltd v Teasdale No3 [2006] EWHC 1708 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes This case illustrates the clear but sometimes harsh consequences of the system of construction adjudication in the context of a private property owner defaulting on interim payments due to a contractor.  Following non-compliance by the property owner with various court orders enforcing the original adjudication order to pay the monies owed to the contractor, the court ordered the sale of the investment properties concerned to satisfy the judgment sum.Judge Peter Coulson QC – Queen’s Bench Division, Technology and Construction Court The Defendant had bought three properties as an investment.  The properties were affected by asbestos contamination.  The Defendant intended to refurbish them with the help of a grant from Leeds...
  • 16th June 2006
    Hands v Morrison Construction Services Ltd [2006] EWHC 2018